Citation : 2025 Latest Caselaw 9523 Ori
Judgement Date : 29 October, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.72 of 2019
Raimuni Munda ..... Appellant/
Petitioner
Mr. S.N. Mishra, Advocate
-versus-
State of Odisha ..... Respondent/
Opp. Party
Mr. Sarat Chandra Pradhan,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE SIBO SANKAR MISHRA
ORDER
29.10.2025 Order No. I.A. No.350 of 2025
05. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
This is an application for bail of appellant. Heard.
Perused the impugned judgment.
The appellant-petitioner has been convicted for the offence punishable under section 302 of I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo R.I. for a further period of three months by the learned Addl. Sessions Judge, Kamakhyanagar vide
judgment and order dated 11.09.2019 passed in C.T. (Ss) No.150 of 2017.
Learned counsel for the petitioner submitted that the petitioner is a lady, who is in judicial custody since 20.08.2017 and though P.W.13 is an eye witness to the occurrence and has stated that the appellant assaulted the deceased by means of a Kati, but the doctor (P.W.16), who conducted the post mortem examination has noticed three lacerated wounds on the person of the deceased and the doctor further stated that if a person was assaulted by a sharp cutting weapon, it would cause incised wound and therefore, the version of the eye witness (P.W.13) that the appellant dealt blows by means of Kati is a doubtful feature. He further submitted that since there is no chance of early hearing of the appeal in the near future, the bail application of the petitioner may be favourably considered.
Learned counsel for the State, on the other hand, opposed the prayer for bail and placed the evidence of P.W.13, the eye witness and also placed the evidence of P.W.16, doctor.
Considering the submissions made by the learned counsel for the respective parties, in view of the nature of evidence available on record, while not inclining to release the petitioner on bail on merit, but taking into account the period of detention of the petitioner in judicial custody and that the petitioner is a lady and keeping in
view the ratio laid down in the case of Leti @ Jayadeb Roy and another -Vrs.- The State reported in (1990) 3 Orissa Criminal Reports 427, we are inclined to release the petitioner on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.
For the above period, let the appellant-petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.20,000/-(rupees twenty thousand) with one local solvent surety for the like amount to the satisfaction of the learned trial Court subject to condition that she shall not indulge in any criminal activities in any manner.
Violation of any of the conditions shall entail cancellation of interim bail.
Learned counsel for the State shall produce the report from the Inspector in-charge of Kankadahad P.S., regarding the conduct of the petitioner while on interim bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo) Judge
(S. S. Mishra) Judge
06. List this matter in the week commencing from 27th January 2026. Learned counsel for the appellant shall produce the surrender certificate of the appellant on the next date.
Urgent certified copy of this order be granted as per rules.
( S.K. Sahoo) Judge
(S. S. Mishra) Judge Pravakar
Location: HIGH COURT OF ORISSA, CUTTACK
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